14-002075N Molly Hildahl And Bjorn Hildahl, Individually And As Parents And Next Friends Of Sabine Hildahl, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, October 10, 2014.

Summary: Final Order approving Association's acceptance of the claim for compensation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MOLLY HILDAHL AND BJORN HILDAHL,

individually and as parents and

next friends of SABINE HILDAHL,

a minor,

Petitioners,

vs. Case No. 14 - 2075N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Respondent,

and

LORI K. LAMBERT, M.D., AND

ORLANDO HEALTH, INC., d/b/a

WINNIE PALMER HOSPITAL,

Intervenor s .

_______________________________/

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause came on for consideration pursuant to sections

766.304 and 766.305(7), Florida Statutes, upon the Stipulation

and Joint Petition for Compensation of Claim Arising out of

Florida Birth - Related Neurological Injury Pursuant to Chapter

766, Florida Statutes (Stipulati on and Joint Petition), filed

with the Division of Administrative Hearings on October 9 , 2014,

for the entry of an order approving the resolution of a claim for

compensation benefits filed in accordance with the provisions of

chapter 766 and a resolution o f the exclusive remedy otherwise

available as outlined in chapter 766.

By the terms of their stipulation, Petitioners,

Molly Hildahl and Bjorn Hildahl, as parents and natural guardians

of Sabine Hildahl, a minor, and Respondent, the Florida Birth -

Related N eurological Injury Compensation Association (NICA), have

agreed that Molly Hildahl and Bjorn Hildahl, are the parents and

legal guardians of Sabine Hildahl (Sabine), a minor; that Sabine

was born a live infant on or about December 10, 2012, at Orlando

Heal th, Inc., d/b/a Winnie Palmer Hospital, a ÐhospitalÑ as

defined by section 766.302(6) located in Orlando, Florida; and

that SabineÓs birth weight exceeded 2,500 grams. The Parties

have further agreed that Lori K. Lambert, M.D., provided

obstetrical servic es at Sabine's delivery and was a

Ðparticipating physicianÑ in the Florida Birth - Related

Neurological Injury Compensation Plan, as defined by section

766.302(7). The Parties have agreed that Sabine suffered a

Ðbirth - related neurological injury,Ñ as that t erm is defined by

section 766.302(2), which was the sole and proximate cause of

Sabine's permanent and substantial mental and physical

impairments.

It is ORDERED:

1. The Stipulation and Joint Petition filed on October 9,

2014, is hereby approved, and t he Parties are directed to comply

with the provisions of the Stipulation and Joint Petition.

2. Petitioner s , Molly Hildahl and Bjorn Hildahl , as the

parent s and legal guardian s of Sabine Hildahl , a minor, is awarded

one hundred thousand dollars ($100,000. 00), pursuant to section

766.31(1)(b)1., to be paid as lump sum payment to the parent s ;

payment of benefits up to and including the effective date of the

Joint Stipulation and Petition pursuant to section 766.31(1)(a),

subject to the provisions of paragrap h 19 of the Stipulation and

Joint Petition; and payments of future expenses as incurred.

3. NICA will reimburse McMillen Law Firm , attorney s for

Petitioner s , an agreed upon attorneyÓs fee of $ 10,000.00 and

expenses of $ 417.79 , totaling $ 10,417.79 in full for services

rendered in the filing of this claim.

4. Upon the payment of the award of $100,000.00, past

benefit/expenses, and $ 10,417.79 for attorneyÓs fees and costs,

the claims of Petitioner s shall be deemed fully satisfied and

extinguished, except for Respondent's continuing obligation under

section 766.31(2) to pay future expenses as incurred.

5. The Division of Administrative Hearings retains

jurisdiction over this matter to resolve any disputes, should they

arise, regarding the partiesÓ compliance with the terms of this

Order.

DONE AND ORDERED this 10th day of October , 2014 , in

Tallahassee, Leon County, Florida.

S

BARBARA J. STAROS

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

123 0 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 10th day of October , 2014 .

COPIES FURNISHED:

(via certified mail)

Ke nney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

( Certified Mail No. 7014 1200 0002 3336 4563 )

Allison C. McMillen, Esquire

McMillen Law Firm

608 East Central Boulevard

Orlando, Florida 32801

( Certified Mail No. 7014 1200 0002 3336 4570 )

Michael R. D ' Lugo, Esquire

Wicker, Smith, O ' Hara, McCoy, Ford, P.A.

Post Office Box 2753

Orlando, Florida 32802

( Certified Mail No. 7014 1200 0002 3336 4587 )

Jeremy T. Palma, Esquire

Rissman, Barrett, Hurt,

Donahue and McLain, PA

201 East Pine Street, Suite 1400

Post Office Box 4940

Orlando, Florida 32801

( Certified Mail No. 7014 1200 0002 3336 4594 )

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7014 1200 0002 3336 4600)

Elizabeth Dudek, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Ta llahassee, Florida 32308

(Certified Mail No. 7014 120 0002 3336 4617)

NOTICE OF RIGHT TO JUDICIAL REVIEW

Review of a final order of an administrative law judge shall be

by appeal to the District Court of Appeal pursuant to section

766.311(1), Florida Statutes. Review proceedings are governed by

the Florida Rules of Appellate Procedure. Such proceedings are

commenced by filing the original notice of administrative appeal

with the a gency c lerk of the Division of Administrative Hearings

within 30 days o f rendition of the order to be reviewed, and a

copy, accompanied by filing fees prescribed by law, with the

clerk of the appropriate District Court of Appeal. See

§ 766.311(1), Fla. Stat., and Fla. Birth - Related Neurological

Injury Comp. Ass'n v. Carreras , 598 So. 2d 299 (Fla. 1st DCA

1992).